HEALTH CARE LITIGATION

• Health Plan Prevails on Financial Dispute Says 9th Circuit
  Obtained summary judgment on behalf of a health plan in a dispute over health plan’s financial responsibility for a range of medical services, with the Ninth Circuit subsequently affirming the ruling.
• Out of Network UCR Defense
  Defended health plans and insurers in dozens of out-of-network usual, customary and reasonable (UCR) professional and facilities cases.
• IPA Contract Dispute
  Represented Independent Practice Association (IPA) against provider for breach of contract and various business torts and obtained preliminary injunction prohibiting the provider from improper solicitation of IPA members. The order was affirmed on appeal.
• IPA Defense in Anti-SLAPP Case
  Obtained dismissal of provider’s cross-complaint against client IPA alleging wrongful enforcement of contractual exclusivity rights under the anti-SLAPP statute. The dismissal was affirmed on appeal.

COMMERCIAL AND BUSINESS LITIGATION

• Business Partnership Dispute
  Obtained a preliminary injunction in a dispute between business partners resulting in a settlement and turnover of all business assets to our client.
• Real Estate Fraud Claims Disposed by Motion Practice
  Defended managing members of LLC engaged in a real estate development against claims by minority member and general contractor seeking over $10 million in damages for misappropriation and fraud. Successfully disposed of all claims through motion practice shortly before two-week arbitration.
• Commercial Landlord-Tenant Dispute
  Represented commercial property owner in an appeal filed by a former tenant and restaurant owner involving a claim that the property owner fraudulently obtained an eviction and interfered with the tenant’s business.
• Complex BK Claims for Casino Owner
  Defended major casino and resort operator in contested bankruptcy proceedings against claims by a joint venture partner that the company had breached its fiduciary duties and mismanaged its 50%-owned casino and resort property by diverting business away to its 100%-owned properties.
• Family Trust Litigation
  Second-chaired successful three-week trial on behalf of family trusts in a claim by a beneficiary’s former spouse that the trusts were sham entities and that the spouse was entitled to half of the trusts’ billion dollar holdings as community property.
• Securities Class Action Dismissed, Upheld on Appeal
  Defended underwriting syndicate in a securities class action involving claims that a pharmaceutical company misrepresented the results of its clinical trials testing the efficacy of a new drug, prior to the company’s secondary offering. Obtained dismissal, which was affirmed by the Ninth Circuit on appeal.